July 27, 2026 (35) ARDR WPA 16855 of 2026 Jiyad Ali Sardar Vs. The State of West Bengal & ors. Adv. Omar Faruk Gazi, Adv. Pratikur Rahaman, …for the petitioner. Adv. Sami Ahammed, Adv. Arka Maiti, Adv. Ambiya Khatun, Adv. Md. Nasirul Haque, Adv. Sabham Mosfari, …for the private respondent. Adv. Mousumi Roy, Adv. Goutam Acharya, …for the State. Affidavit of service filed by the petitioner is taken on record. The Panchayat is not represented despite service. The petitioner alleges that the private respondent has encroached upon a portion of his property and raised pucca construction alongwith boundary wall therein without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned Panchayat on 13th June, 2026 and seeks consideration of the same. Denying such allegation, learned counsel for the private respondent submits that no sanction of the Panchayat is required for construction of a boundary wall. Also, the petitioner has alleged encroachment of his property which cannot be dealt with by this Court. It is a fact that the allegation of encroachment of a portion of the property by the private respondent cannot be dealt with by this Court in exercising jurisdiction under 2 Article 226 of the Constitution of India. The petitioner is at liberty to approach the civil forum for redressal of his grievance. Insofar as the allegation of unauthorised construction in the plot in question is concerned, since the petitioner alleges raising of an unauthorised construction alongwith a boundary wall therein, the Pradhan, Murarisha Gram Panchayat, being the 2nd respondent herein, is directed to consider and dispose of the representation submitted by the petitioner dated 13th June, 2026 within four weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioner and the private respondent, in accordance with law. The parties shall be at liberty to producerelevant documents in support of their respective contention before the concerned authority at the time of hearing. The decision taken by the authority shall be communicated to the parties within a week thereof. In the event the construction raised by the private respondent is found to be illegal/unauthorised, the concerned authority shall take necessary steps in accordance with law. The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. 3 Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)